Mid-Atlantic Stormwater Regs Slowed by Builder Backlash

Mid-Atlantic Stormwater Regs Slowed by Builder
Backlash

Proposed regulations that would require changes in the way
builders and developers manage stormwater runoff have hit a
snag in the coastal states of Maryland and Virginia, news
sources report.
In Maryland, where new rules requiring
"
Environmental Site Design" are set to take effect in May, a
standing-room-only crowd packed a hearing room at the state
Department of the Environment as builders and developers
pressured regulators to back off on implementation of the new
policy, The Baltimore Sun reports
("
New Md. rules on storm runoff assailed," by Timothy B.
Wheeler). Michael Powell, an attorney representing the Maryland
State Builders Association, called on the agency to grandfather
all projects already in the permitting pipeline, and to make
the rules more flexible.
And opponents of the new policy also vowed to take their
case to the legislature, the Sun reports: "Del. Maggie
McIntosh, chair of the House Environmental Matters Committee,
sat in on the forum, as did several other legislators. Despite
assurances from environmental officials that they'll consider
adjusting the regulations in response to the complaints, the
Baltimore Democrat said she expected the General Assembly would
move to ensure that the storm-water measure doesn't cause
unintended consequences."
Sun reporter Tim Wheeler adds more detail in this blog post
at the paper's website
("
Storm over storm-water rules”). State officials
told Wheeler that existing projects will already be
grandfathered under the policy, he says, and they also argued
that "there's plenty of flexibility already built into the new
rules, though they require different techniques than developers
are accustomed to using."
In Virginia, meanwhile, new stormwater regulations adopted
under the administration of Democratic former Governor Timothy
Kaine are being suspended, the Hampton Roads Virginian-Pilot
reports
("
Panel puts hold on new rules for stormwater," by Scott
Harper). "Last week, a state panel voted to put those rules on
hold, citing petitions from more than 25 developers and
builders concerned about the timing and extent of the new
stormwater program," the paper reports. "It was the second time
in four months that the
Virginia Board of Soil and Water Conservation had approved,
and then tabled, the complex set of regulations, which so far
have taken more than four years to craft."
The board's decision means the rule proposal will now go
back into the public comment and review process, the
Virginian-Pilot reports. And, notes the paper, "It also means
the rules will require the signature of [newly elected
Republican] Gov. Bob McDonnell, who has been critical of the
stormwater limits in the past and has pledged to encourage
economic growth by lessening regulations on business and
industry."